Legal

Expensify - Terms of Service

Last Updated: July 8th, 2013

Expensify, Inc. ("Expensify" or "we")
provides expense management software, invoicing, bill processing, applications
and other related financial tools and services. These offerings are provided by
Expensify through an application you download to your mobile device (the
"Application") and at the Internet site www.expensify.com (the
"Site" and, together with any related software, tools and
services provided in connection with the Application or Site, the
"Expensify Service"). Please read carefully the following terms
and conditions ("Terms of Service") and our Privacy Policy,
which may be found on our website at https://www.expensify.com/privacy
and which is incorporated herein by reference into these Terms of Service. These
Terms of Service govern your access to and use of the Expensify Service and all
Site Content and constitute a binding legal agreement between you and Expensify.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "ACCEPT TERMS" BUTTON,
REGISTERING FOR A EXPENSIFY ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY
APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING
OR USING THE EXPENSIFY SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY
CONTENT FROM, OR ON, OR THROUGH THE EXPENSIFY SERVICE, YOU ARE INDICATING THAT
YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF
YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR
USE THE EXPENSIFY SERVICE OR SITE CONTENT. If you accept or agree to these Terms
of Service on behalf of a company or other legal entity, you represent and
warrant that you have the authority to bind that company or other legal entity
to these Terms of Service and, in such event, "you" and "your" will refer and
apply to that company or other legal entity.

Definitions

"Corporate Member" means a Member that is a company or other legal entity, rather than an individual.

"Expensify Content" means Content that Expensify makes available through the Site or Expensify Service, including any Content licensed to Expensify from a third party, but excluding Member Content.

"Member" means a person or entity who completes Expensify's account registration process, as described under "Account Registration" below.

"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Expensify Service, including, without limitation, comments to the Expensify blog.

"Site Content" means Expensify Content and Member Content.

Modification

Expensify reserves the right, at its sole discretion, to modify,
discontinue or terminate the Expensify Service or to modify these Terms of
Service, at any time and without prior notice. If we modify these Terms of
Service, we will post the modification on the Site or provide you with notice
of the modification. We will also update the "Last Updated Date" at the top of
these Terms of Service or on the Site or Application. By continuing to access
or use the Expensify Service after we have posted a modification on the Site or
Application or have provided you with notice of a modification, you are
indicating that you agree to be bound by the modified Terms of Service. If the
modified Terms of Service are not acceptable to you, your only recourse is to
cease using the Expensify Service.

Certain portions of the Expensify Service may, or may in the future, have
different terms and conditions posted on the Site or may require you to agree
with and accept additional terms and conditions. Expensify may, in its sole
discretion, make premium or different applications, software or services
available to you that is subject to different terms and conditions and narrower
licenses than as set forth therein. If there is a conflict between these Terms
of Service and terms and conditions posted for a specific portion of the
Expensify Service, the latter terms and conditions shall take precedence with
respect to your use of or access to that portion of the Expensify Service.

Eligibility

By accessing or using the Expensify Service you represent and warrant to
Expensify that: (i) you are of legal age to form a binding contract, or, if you
are a minor, you have your parent's permission to use the Expensify Service,
and your parent has read and agrees to these Terms of Service on your behalf;
(ii) all registration information you submit is accurate, current and complete;
(iii) you will maintain the accuracy and completeness of such information; (iv)
if you are accepting these Terms of Service on behalf of a company or other
legal entity, you have the authority to bind that company or legal entity to
these Terms of Service. You also certify that you are legally permitted to use
and access the Expensify Service and take full responsibility for the selection
and use of and access to the Expensify Service. These Terms of Service are void
where prohibited by law, and the right to access the Expensify Service is
revoked in such jurisdictions.

Privacy

See Expensify's Privacy Policy at https://www.expensify.com/privacy
for information and notices concerning Expensify's collection and use of your
personal information.

Account Registration

In order to access the Expensify Service, you must register to create an
account ("Account") and become a Member. When registering with
Expensify you agree to: (a) provide true, accurate, current and complete
information about yourself (or, if applicable, the Corporate Member you
represent) as prompted by the Expensify Service's registration form (such
information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we may suspend or terminate your
account and refuse any and all current or future use of the Expensify Service
(or any portion thereof).

You may not authorize any third party (other than, if applicable, the
employees, consultants or agents of the Corporate Member you represent) to
access or use the Expensify Service on your behalf. You are responsible for
maintaining the confidentiality of the user ID and password, and are fully
responsible for all activities that occur under your user ID or password. You
agree to immediately notify Expensify of any unauthorized use of your user ID
or password or any other breach of security. Expensify cannot and will not be
liable for any loss or damage arising from any unauthorized use of your
account.

By providing us with your email address, you agree to receive all required
notices electronically, to that email address. From time to time, Expensify
will use this email address to send you notifications about product updates and
improvements, company news and events, and updates from our community.

Fees and Payment

Signing up for an Expensify account is free for Members who register as
individuals or Corporate Members. The free use of various offerings within the
Expensify Service, including but not limited to expense reporting, SmartScan
and some functionalities of Bill Processing, are governed by additional terms
set forth on the Site (such additional terms being incorporated herein by
reference). In the event you choose to upgrade to paid services or to provide
payment information to Expensify after being prompted to do so, you agree to
the pricing, payment and billing policies as set forth (a) herein, (b) on the
Site and/or (c) if applicable, in a separately executed or accepted purchase
order. All fees paid for the Expensify Service are non-refundable and
non-transferable except as expressly provided in these Terms of Service. All
fees and applicable taxes, if any, are payable in United States dollars. You
are solely responsible for the payment of, and shall pay when due, all
applicable sales and use taxes and similar fees now in force, enacted or
imposed in the future on the delivery of Expensify Service and/or any related
transactions (except for taxes assessed on Expensify's net income or personal
property).

If your selected Expensify Service package requires a recurring subscription
fee, your Expensify Service package will automatically renew, unless we
terminate it, or you notify us by email (help@expensify.com) of your decision
to terminate your current Expensify Service package. You must cancel any such
Expensify Service package before it renews in order to avoid billing of
subscription fees for the renewal term to your credit card. All fees and
charges are nonrefundable and there are no refunds or credits for partially
used periods.

License granted by Expensify

Subject to your compliance with these Terms of Service, Expensify grants you a
limited non-exclusive, non-transferable license to download and install a copy
of the Application on your mobile device and run such copy of the Application
solely for your own personal or business use. Furthermore, with respect to any
App Store Sourced Application (defined below in the Section entitled "Accessing
and Downloading the Application from iTunes"), you will only use the App Store
Sourced Application (i) on an Apple-branded product that runs the iOS
(operating system software provided by Apple) and (ii) as permitted by the
"Usage Rules" set forth in the Apple App Store Terms of Service. Expensify
reserves all rights in the Application not expressly granted to you by these
Terms of Service.

Intellectual Property

Expensify Service. Expensify shall own and retain all right, title,
and interest in and to the Expensify Service (except for any licensed content
and software components included therein). Member agrees not to reverse
engineer, decompile, distribute, license, sell, transfer, disassemble, copy,
alter, modify, or create derivative works of the Expensify Service or otherwise
use the Expensify Service in any way that violates the use restrictions
contained in these Terms of Service. Expensify does not grant to Member any
license, express or implied, to the intellectual property of Expensify or its
licensors. Member further acknowledges and agrees that any information
regarding the design, "look and feel", specifications, components,
functionality or operation and payment terms and pricing (if applicable) of the
Expensify Service is considered the confidential and proprietary information of
Expensify (collectively "Expensify Confidential Information").

Member Data. Subject to the section below labeled "Assignment
of Certain Member Data", Member shall retain all right, title and
interest in and to (a) all graphics, images, files, data and other information
transmitted by Member to Expensify in connection with its use of the Expensify
Service and (b) reports and other materials generated by the Expensify Service
following such transmission (collectively, "Member Data"),
provided, however, that Member hereby grants to Expensify a worldwide,
royalty-free, non-exclusive license to use (i) data generated as a result of
Member's use of the Expensify Service solely for purposes of (x) maintaining
and improving the Expensify Service and (y) providing Member with access to
special product offers and promotions and (ii) non-identifiable, anonymous,
aggregated data regarding Member's use of the Expensify Service compiled by
Expensify solely for marketing purposes or distribution to third party research
firms.

Assignment of Certain Member Data. Notwithstanding the foregoing, upon
your submission of an expense report to a Corporate Member or any other Member,
you hereby transfer all right, title, and interest in and to any transferred
Member Data to the applicable Corporate Member or Member, provided,
however, that such Corporate Member or Member hereby grants to you a
worldwide, perpetual, royalty-free, non-exclusive license to maintain and
utilize copies of such transferred Member Data (including any expense reports)
for personal recordkeeping purposes.

Expensify Logos and Designs. Expensify's graphics, logos, designs,
page headers, button icons, scripts and service names are registered
trademarks, trademarks or trade dress of Expensify in the U.S. and/or other
countries. Expensify's trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not
be copied, imitated, or used, in whole or in part, without Expensify's prior
written permission.

Member Art. Member shall retain all right, title and interest in and
to all of Member's logos, promotional graphics and related marketing designs
(collectively, the "Member Art"), provided, however, that
Member hereby grants to Expensify a worldwide, royalty-free, non-exclusive
license to use the Member Art, as well as Member's corporate and/or trade name,
for purposes of fulfilling its obligations hereunder and marketing Expensify's
products and services to third parties, subject to Member's right in each
instance to approve the manner and form of such use (which approval shall be in
writing and shall not be unreasonably withheld or delayed).

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Expensify Service ("Feedback"). You may
submit Feedback by emailing us at help@expensify.com or through the "Help"
section of the Expensify Service. You acknowledge and agree that all Feedback
will be the sole and exclusive property of Expensify and you hereby irrevocably
assign to Expensify and agree to irrevocably assign to Expensify all of your
right, title, and interest in and to all Feedback, including without limitation
all worldwide patent rights, copyright rights, trade secret rights, and other
proprietary or intellectual property rights therein. At Expensify's request and
expense, you will execute documents and take such further acts as Expensify may
reasonably request to assist Expensify to acquire, perfect, and maintain its
intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Expensify Service, or any individual element within the Expensify Service, Expensify's name, any Expensify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Expensify's express written consent;

Access, tamper with, or use non-public areas of the Expensify Service, Expensify's computer systems, or the technical delivery systems of Expensify's providers;

Attempt to probe, scan, or test the vulnerability of any Expensify system or network or breach any security or authentication measures;

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Expensify Service or staff member of Expensify.

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Expensify or any of Expensify's providers or any other third party (including another user) to protect the Expensify Service or Site Content;

Attempt to access or search the Expensify Service or Site Content or download Site Content from the Expensify Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Expensify or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Expensify Service to the mobile numbers of people you do not know);

Use or disclose any Expensify Confidential Information, except as otherwise explicitly set forth herein.

Use any meta tags or other hidden text or metadata utilizing a Expensify trademark, logo URL or product name without Expensify's express written consent;

Use the Expensify Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Expensify Service or Site Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Expensify Service or Site Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Expensify Service;

Collect or store any personally identifiable information from the Expensify Service from other users of the Expensify Service without their express written permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual or entity to do any of the foregoing.

Expensify will have the right to investigate and prosecute violations of any of
the above to the fullest extent of the law. Expensify may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms
of Service. You acknowledge that Expensify has no obligation to monitor your
access to or use of the Expensify Service, or to review or edit any Member
Content, but has the right to do so for the purpose of operating the Expensify
Service, to ensure your compliance with these Terms of Service, or to comply
with applicable law or the order or requirement of a court, administrative
agency or other governmental body.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible through the Expensify
Service, please notify Expensify's copyright agent, as set forth in the Digital
Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under
the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim is being infringed;

Identification of the material that is claimed to be infringing and where it is located on the Services;

For clarity, only DMCA notices should go to the Expensify, Inc. Designated
Copyright Agent. Any other feedback, comments, requests for technical support
or other communications should be directed to Expensify via help@expensify.com.

Links to Third-Party Websites

The Expensify Service may now or in the future contain links to third-party
websites, advertisers, services, or resources that are not owned or controlled
by Expensify. You acknowledge and agree that Expensify has no control over and
is not responsible or liable for: (i) the availability or accuracy of such
websites or resources; or (ii) the content, products, privacy policies,
practices, or services on or available from such websites or resources. Links
to such websites or resources do not imply any endorsement by Expensify of such
websites or resources or the content, products, practices, privacy policies, or
services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources or the Content, products, or services on or available
from such websites or resources. Additionally, your dealings with or
participation in promotions of any third parties, including payment and
delivery of goods, and any other terms (such as warranties) are solely between
you and such third parties. You agree that Expensify shall not be responsible
for any loss or damage of any sort relating to your dealings with such third
parties. We encourage you to be aware of when you leave the Expensify Service,
and to read the terms and conditions and privacy policy of any third-party
website or service that you visit. You expressly relieve Expensify from any and
all liability arising from your use of any third-party website or services or
third party content.

Termination and Account Cancellation

If you breach any of these Terms of Service, Expensify will have the right to
suspend, disable or terminate your Account or terminate these Terms of Service,
at its sole discretion and without prior notice to you. Expensify reserves the
right to revoke your access to and use of the Expensify Service at any time,
with or without cause. In the event Expensify terminates these Terms of Service
for your breach, you will remain liable for any and all amounts due hereunder.
You may cancel your Account at any time from https://www.expensify.com/settings, or by sending an email to
help@expensify.com.

Disclaimers

THE EXPENSIFY SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,
EXPENSIFY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. EXPENSIFY MAKES NO WARRANTY THAT THE
EXPENSIFY SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE
ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPENSIFY MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY PRODUCTS, EXPENSIFY SERVICE OR SITE CONTENT
PURCHASED OR OBTAINED THROUGH THE EXPENSIFY SERVICE OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED
THROUGH THE EXPENSIFY SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPENSIFY OR
THROUGH THE EXPENSIFY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS
WITH OTHER USERS OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE. YOU
UNDERSTAND THAT EXPENSIFY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY
USERS OF THE EXPENSIFY SERVICE, NOR DOES EXPENSIFY MAKE ANY ATTEMPT TO VERIFY
THE STATEMENTS OF USERS OF THE EXPENSIFY SERVICE. EXPENSIFY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE EXPENSIFY
SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE
EXPENSIFY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EXPENSIFY SERVICE AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR
USE OF THE EXPENSIFY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN
PERSON.

Indemnity

You agree to defend, indemnify, and hold Expensify, its officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with your access to
or use of the Expensify Service, or your violation of these Terms of Service,
including breach of any representations or warranties herein.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EXPENSIFY SERVICE AND
SITE CONTENT REMAINS WITH YOU. NEITHER EXPENSIFY NOR ANY OTHER PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXPENSIFY SERVICE OR SITE
CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, EXPENSIFY
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE PRODUCTS OR EXPENSIFY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR
BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OF EXPENSIFY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES
OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH
OTHER USERS OF THE EXPENSIFY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE
OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT EXPENSIFY HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL EXPENSIFY'S AGGREGATE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OF EXPENSIFY SERVICE OR FROM THE USE OF OR
INABILITY TO USE THE EXPENSIFY SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU
HAVE PAID TO EXPENSIFY FOR USE OF THE EXPENSIFY SERVICE OR CONTENT. THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN EXPENSIFY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Export Control

You may not use, export, re-export, import, or transfer the Application except
as authorized by United States law, the laws of the jurisdiction in which you
obtained the Application, and any other applicable laws. In particular, but
without limitation, the Application may not be exported or re-exported: (a)
into any United States embargoed countries; or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce's Denied Person's List or Entity List. By using the
Application, you represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting" country and (ii)
you are not listed on any U.S. Government list of prohibited or restricted
parties. You also will not use the Application for any purpose prohibited by
U.S. law, including the development, design, manufacture or production of
missiles, nuclear, chemical or biological weapons.

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from
the Apple App Store ("App Store Sourced Application"):

You acknowledge and agree that (i) these Terms of Service are concluded between you and Expensify only, and not Apple, and (ii) Expensify, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Expensify and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Expensify.

You and Expensify acknowledge that, as between Expensify and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Expensify acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Expensify and Apple, Expensify, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

You and Expensify acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the
laws of the State of California without regard to its conflict of laws
provisions. The exclusive jurisdiction and venue of any action with respect to
the subject matter of these Terms of Service will be the state and federal
courts located in the Northern District of California and each of the parties
hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding
and agreement between Expensify and you regarding the Expensify Service and
Site Content, and these Terms of Service supersede and replace any and all
prior oral or written understandings or agreements between Expensify and you
regarding the Expensify Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or
otherwise, without Expensify's prior written consent. Any attempt by you to
assign or transfer these Terms of Service, without such consent, will be null
and of no effect. Expensify may assign or transfer these Terms of Service, at
its sole discretion, without restriction. Subject to the foregoing, these Terms
of Service will bind and inure to the benefit of the parties, their successors
and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms of Service, will be in writing and
given: by Expensify (i) via email (in each case to the address that you
provide) or (ii) by posting to the Application or Site. For notices made by
email, the date of receipt will be deemed the date on which such notice is
transmitted.

General

The failure of Expensify to enforce any right or provision of these Terms
of Service will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of Expensify. Except
as expressly set forth in these Terms of Service, the exercise by either party
of any of its remedies under these Terms of Service will be without prejudice
to its other remedies under these Terms of Service or otherwise. If for any
reason a court of competent jurisdiction finds any provision of these Terms of
Service invalid or unenforceable, that provision will be enforced to the
maximum extent permissible and the other provisions of these Terms of Service
will remain in full force and effect.

Contacting Expensify

If you have any questions about these Terms of Service, please contact
Expensify at help@expensify.com or 548
Market #61434, San Francisco, CA 94104.